Short answer. The lender, if you told him first. Article 1949 makes the bailor refund the extraordinary expenses for the preservation of the thing loaned, provided the bailee brings them to his knowledge before incurring them, except where they are so urgent that a reply cannot be awaited without danger.
What the law says
The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned, provided the bailee brings the same to the knowledge of the bailor before incurring them, except when they are so urgent that the reply to the notification cannot be awaited without danger.
Civil Code, Article 1949 — Extraordinary Expenses in Commodatum. Read the full provision →
What the law says
If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be borne equally by both the bailor and the bailee, unless there is a stipulation to the contrary.
Civil Code, Article 1949 — Extraordinary Expenses in Commodatum. Read the full provision →
Ordinary expenses are yours; extraordinary ones are not
A gratuitous loan of something to be used and returned is a commodatum, and the expenses are split by kind rather than by size of the bill. Article 1941 obliges the bailee to pay the ordinary expenses for the use and preservation of the thing loaned: fuel, servicing, the small consumables of everyday use. Article 1949 then provides that The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned, provided the bailee brings the same to the knowledge of the bailor before incurring them, except when they are so urgent that the reply to the notification cannot be awaited without danger.
The notice condition is a real condition
Reimbursement is not owed simply because the repair was major and necessary. The bailee must have told the owner before spending, and the reason is obvious once stated: it is the owner's property, and he is entitled to decide whether to authorise the work, do it himself, arrange it more cheaply or take the thing back instead. The only excuse for skipping the step is urgency of a specific kind, where waiting for the reply would itself be dangerous. So notify in writing, describe the defect, and keep the message even where you end up proceeding without an answer.
Repairs arising from your use are shared
This is the part borrowers do not expect: If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be borne equally by both the bailor and the bailee, unless there is a stipulation to the contrary. Fault has nothing to do with it. A transmission that failed while you were driving the borrowed vehicle carefully and lawfully is still an expense arising on the occasion of your use, and the cost is split down the middle unless the two of you agreed otherwise beforehand.
The limits on either side
Article 1950 refuses reimbursement for expenses other than those covered by Articles 1941 and 1949 that the bailee incurs for the purpose of making use of the thing, so improvements and conveniences are at his own cost. Article 1943 provides that the bailee does not answer for deterioration of the thing due only to its use and without his fault. And Article 1952 stops an owner from walking away from what he owes: the bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee.
Related provisions
- Civil Code, Article 1949 — Extraordinary Expenses in Commodatum
- Civil Code, Article 1941 — Ordinary Expenses
- Civil Code, Article 1943 — Deterioration From Use
- Civil Code, Article 1950 — Other Expenses Not Reimbursable
- Civil Code, Article 1952 — No Abandonment to Escape Liability